Obama's climate legacy crashes into wall of five justices: The court's 5-4 decision Tuesday to temporarily halt the Clean Power Plan signals more than a momentary setback for the centerpiece of President Obama's climate policy. It may also mean that Obama has lost credibility with Justice Anthony Kennedy, often the court's swing vote on divisive cases, as Politico's Josh Gerstein reports. The blow is made heavier because Kennedy wrote the 2007 decision that made carbon dioxide a pollutant. "You have to be worrying, [in the White House] that you've lost Justice Kennedy at this point," said Brendan Collins, an environmental law attorney with the firm of Ballard Spahr.